Volume 30 Third Supplement

appeal against assessment – whether Notice of Appeal lodged out of time – whether leave to extend time should be given – section 66 of the Inland Revenue Ordinance (‘IRO’) [Decision in Chinese]

wasting the resources of the Board – section 68(9) of the Inland Revenue Ordinance  [Decision in Chinese]

informing the Commissioner in writing not later than 4 months after the end of the basis period – late in furnishing return – sections 51, 66(3), 68(4), 70, 80(2), 82(1), 82A and 82B of the Inland Revenue Ordinance [Decision in Chinese]

failing to file tax return – estimated assessment – notice of appeal out of time – section 66(1A) of the Inland Revenue Ordinance – whether or not the director’s absence from Hong Kong had prevented the Appellant from filing the notice of appeal within time – whether or not it took time for legal consultation on the subject matter could be reasonable cause for exercising discretion to extend the time period – deadlock and disputes between parties and difficulties in finalizing its accounts

locality of profits –sections 2(1), 14(1) and 68(9) of the Inland Revenue Ordinance (Chapter 112)

profit from sale of property – whether engaged in trade – whether Appellant intended to buy property as retirement home – section 14(1) of the IRO [Decision in Chinese]

appeal out of time – appellant requiring time to search for witness – appellant allegedly informing the department about change of address – appellant paying tax in PRC – whether the Board should exercise discretion in granting time extension – whether appellant discharging his burden of proof – sections 58(2), 66(1), 66(1A) and 68(4) of the Inland Revenue Ordinance (Chapter 112) (‘IRO’) [Decision in Chinese]

termination of employment – payment in lieu of a discretionary bonus – notional share option gain – relevant date for the computation of the notional gain – sections 8(1) and 9 of the Inland Revenue Ordinance